Citation Nr: 0215349
Decision Date: 10/31/02 Archive Date: 11/06/02
DOCKET NO. 97-26 808A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Detroit,
Michigan
THE ISSUES
1. Entitlement to service connection for a skin disorder,
including as due to herbicide exposure.
2. Entitlement to service connection for memory loss,
including as due to herbicide exposure.
3. Entitlement to service connection for a neurological
disorder, to include peripheral neuropathy and numbness of
the hands and feet, including as due to herbicide exposure.
4. Entitlement to an increased evaluation for post-traumatic
stress disorder (previously anxiety neurosis), currently
rated as 30 percent disabling.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Rhonda M. Kauf, Associate Counsel
INTRODUCTION
The veteran had active service from February 28, 1968, to
October 7, 1969. This matter comes before the Board of
Veterans' Appeals (BVA or Board) on appeal from rating
decisions of the Department of Veterans Affairs (VA) Regional
Office (RO) in Detroit, Michigan.
REMAND
By correspondence dated October 2, 2002, the RO notified the
veteran of his continued right to appear personally before
the Board to give testimony concerning his appeal. The Board
received a written response from the veteran on October 24,
2002, containing his request to appear at the RO for a
personal hearing before a Member of the Board. As the
veteran has made a timely request for such a hearing, the
Board finds that the matter must be returned to the RO at
this time. See 38 C.F.R. §§ 20.703, 20.1304(a) (2001).
Accordingly, this case is REMANDED for the following action:
The RO should schedule the veteran for a
hearing before a Member of the Board at
the RO in Detroit, Michigan, and provide
the veteran and his representative with
appropriate notice for the hearing.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the RO. Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board or by the United States Court of Appeals for Veterans
Claims for additional development or other appropriate action
must be handled in an expeditious manner. See The Veterans'
Benefits Improvements Act of 1994, Pub. L. No. 103-446,
§ 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West
Supp. 2002) (Historical and Statutory Notes). In addition,
VBA's Adjudication Procedure Manual, M21-1, Part IV, directs
the ROs to provide expeditious handling of all cases that
have been remanded by the Board and the Court. See M21-1,
Part IV, paras. 8.44-8.45 and 38.02-38.03.
John E. Ormond, Jr.
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 2002), only a
decision of the Board is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2001).